Haunui v The Queen

[2020] NZSC 41

IN THE SUPREME COURT OF NEW ZEALAND

I TE KŌTI MANA NUI

 SC 6/2020
 [2020] NZSC 41

BETWEEN	DENNIS HAUNUI Applicant
AND	THE QUEEN Respondent

Court:	William Young, O’Regan and Williams JJ
Counsel:	A J Bailey for Applicant J Mara for Respondent
Judgment:	30 April 2020

JUDGMENT OF THE COURT

ALeave to appeal is granted (Haunui v R [2019] NZCA 679).

BThe approved question is whether the Court of Appeal ought to have allowed the applicant’s appeal to that Court.

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REASONS

1. In addition to the points raised in the leave submissions, counsel’s submissions should address the conclusion of the Court of Appeal in Wiley v R that the omission of the proviso formerly set out in s 385 of the Crimes Act 1961 from s 232 of the Criminal Procedure Act 2011 did not point to any change in the approach to appellate review.[1]

   [1]Wiley v R [2016] NZCA 28, [2016] 3 NZLR 1 at [42]–[55].

Solicitors:
Crown Law Office, Wellington for Respondent